THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSICO, BEAR, BOYD, CREIGHTON, CUTLER, DENLINGER, EVERETT, FAIRCHILD, FLECK, GILLESPIE, GINGRICH, HENNESSEY, HICKERNELL, KAUFFMAN, M. KELLER, MAHONEY, METCALFE, MILLARD, MILLER, MOUL, PICKETT, RAPP, REICHLEY, ROAE, ROCK, ROHRER, ROSS, SAYLOR, SCHRODER, STEVENSON, SWANGER AND TRUE, APRIL 3, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 3, 2009  

AN ACT

Amending the act of August 15, 1961 (P.L.987, No.442), entitled

"An act relating to public works contracts; providing for

prevailing wages; imposing duties upon the Secretary of Labor

and Industry; providing remedies, penalties and repealing

existing laws," raising the threshold for applicability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of August 15, 1961 (P.L.987,

No.442), known as the Pennsylvania Prevailing Wage Act, amended

August 9, 1963 (P.L.653, No.342), is amended to read:

Section 2.  Definitions.--As used in this act--

(1)  "Department" means Department of Labor and Industry of

the Commonwealth of Pennsylvania.

(2)  "Locality" means any political subdivision, or

combination of the same, within the county in which the public

work is to be performed. When no workmen for which a prevailing

minimum wage is to be determined hereunder are employed in the

locality, the locality may be extended to include adjoining

political subdivisions where such workmen are employed in those

crafts or trades for which there are no workmen employed in the

locality as otherwise herein defined.

(3)  "Maintenance work" means the repair of existing

facilities when the size, type or extent of such facilities is

not thereby changed or increased.

(4)  "Public body" means the Commonwealth of Pennsylvania,

any of its political subdivisions, any authority created by the

General Assembly of the Commonwealth of Pennsylvania and any

instrumentality or agency of the Commonwealth of Pennsylvania.

(5)  "Public work" means construction, reconstruction,

demolition, alteration and/or repair work other than maintenance

work, done under contract and paid for in whole or in part out

of the funds of a public body where the estimated cost of the

total project is in excess of [twenty-five thousand dollars

($25,000)] one hundred eighty thousand dollars ($180,000) as

adjusted on March 1 of each year to conform to increases or

decreases in the Consumer Price Index for the previous calendar

year for urban wage earners in the Pennsylvania, New Jersey,

Delaware and Maryland area combined, but shall not include work

performed under a rehabilitation or manpower training program.

(6)  "Secretary" means the Secretary of Labor and Industry or

his duly authorized deputy or representative.

(7)  "Workman" includes laborer, mechanic, skilled and semi-

skilled laborer and apprentices employed by any contractor or

subcontractor and engaged in the performance of services

directly upon the public work project, regardless of whether

their work becomes a component part thereof, but does not

include material suppliers or their employes who do not perform

services at the job site.

(8)  "Work performed under a rehabilitation program," means

work arranged by and at a State institution primarily for

teaching and upgrading the skills and employment opportunities

of the inmates of such institutions.

(9)  "Advisory Board" means the board created by section 2.1

of this act.

(10)  "Appeals Board" means the board created by section 2.2

of this act.

Section 2.  The amendment of section 2 of the act shall apply

to contracts entered into on or after the effective date of this

section.

Section 3.  This act shall take effect in 60 days.